Bonum Certa Men Certa

Why Paul Allen (Interval Patent Troll) Targets Companies That Do Not Cross-license With (or Pay) Microsoft

Longbow targets



Summary: A patchy pattern is spotted by Techrights -- a pattern wherein companies that are trolled for big cash by Microsoft's co-founder are actually not paying Microsoft for patents

PAUL ALLEN'S case against (almost) the whole industry is an important subject which we will watch closely. Allen is not alone among Microsoft executives who become well-funded patent trolls. Other examples include Nathan Myhrvold and Bill Gates.



Allen's professional transformation into a patent troll has already produced at least one cartoon. "Paul Allen will not be able to attack Microsoft or anyone else with agreements due to his prior contracts with Microsoft so it's basically off limits," explained to us Oiaohm last night (morning time in Australia where he lives).

"[W]hile this is perhaps true," argued FurnaceBoy from Canada, "it should not head off some examination of the incestuous intertwined strategies here."

FurnaceBoy then spells out three letters: "S. C. O."

This is a discussion that came about since one of our readers posted the following comment yesterday, pointing out that (almost) none of the companies which Allen sued cross-licenses with Microsoft and they are all US-based, i.e. susceptible to software patents. The commenter says:

“Paul Allen will not be able to attack Microsoft or anyone else with agreements due to his prior contracts with Microsoft so it's basically off limits”
      --Oiaohm
"IBM have a deal, and it is not sued by Allen. Oracle has a deal because Sun had. Samsung has Microsoft deal.... HP too (they are even managed by Microsofties). VMware is managed by Microsofties, but I don't think it has a patent deal, Red Hat is protected by the OIN and probably Allen don't have a patent that might hit them. Canonical too, and it is too small fish... and Canonical helps Microsoft with Mono.

"HTC has Microsoft deal....

"I think there is some other common denominator we are missing. He didn't sue exactly every Microsoft competitor that is not paying privilege to Microsoft. What else those companies have in common? Maybe the fact they are all into Cloud Computing. Maybe they all use FOSS in some part of their infrastructure, or they depend on Microsoft and still use some competing technology."

Based on another new post from a pro-Linux site ("Apple and open source forced to team up"):

Microsoft is in violation of these patents just the same as the companies that Paul Allen is suing. Interestingly he has not chosen to sue the company that he helped to build. Most of his targets are companies that use open source technology with Apple being one of the few exceptions.


Speaking of Apple, it carries on suing Linux and patenting more and more things (this time stack circuits [1, 2]).

Steven J. Vaughan-Nichols (SJVN) asks, "What does Paul Allen think he's doing!? Besides keeping patent lawyers employed & trying to make a few more billions?"

David Postman, a spokesman for Allen, said that Interval Research was a "groundbreaking contributor" to the development of the commercial Internet and that the patents are fundamental to the ways leading e-commerce and search companies continue to operate." I say this is nonsense.

I am not a lawyer, but I have used the Web almost since day one and I was using the Internet for more than a decade before the Web ever showed up. I've read these patents and they all scream prior art to me.

I think the patents that Oracle is using against Google are weak, but with our fouled up patent legal system in the U.S. they may hold up. I can't imagine Allen's patents holding up.

That aside, I don't understand why Allen is launching these patent attacks.

[...]

But, as to what Allen is doing ... I don't have a clue. Again, he has more riches than many countries. Microsoft surely didn't want him to do it.

I think Microsoft will be the ones closest to him to suffer. If I were a multi-billion-dollar company, I'd be tempted to use my own patent arsenal on the source of Allen's wealth: Microsoft. Surely he doesn't want that. No one in big business, except patent trolls, would.


TechDirt believes (or thinks out loud) that "Paul Allen's Patent Madness [May Be] Really An Attempt To Show The Madness Of Patents" and "[o]ne of the Allen patent has 129 claims," points out Jan Wildeboer (Red Hat), who shows this software patent. The abstract starts as follows:

The invention facilitates and enhances review of a body of information (that can be represented by a set of audio data, video data, text data or some combination of the three), enabling the body of information to be quickly reviewed to obtain an overview of the content of the body of information and allowing flexibility in the manner in which the body of information is reviewed.


Microsoft Florian, a .NET developer and defender of Microsoft's patent aggression, has been confronting Wildeboer over at Twitter. "He [Florian] supports patent Microsoft patent troll on his blog, that is smoking gun," writes gnufreex. Anyway, here is the exchange from Twitter:

[16:33] [Notice] -TRT to #techrights- [jwildeboer] Once we fought side by side against #swpat, but now it seems Florian has moved to the dark side. http://is.gd/eLFzN

[16:33] [Notice] -TRT to #techrights- [fosspatents [Microsoft Florian]] @jwildeboer No dark side. Those defendants want same patent system as plaintiff, and it's important to interpret eBay vs. MercExchange.

[16:33] [Notice] -TRT to #techrights- [jwildeboer] @FOSSpatents Allen has enough money already, your arument he is looking for "recognition" iis #fail. Why didn't he sue MSFT?

[16:33] [Notice] -TRT to #techrights- [fosspatents] @jwildeboer I connected recognition to not wanting to be called a troll. Re. Microsoft, I don't know. Maybe they did a license deal?

Separately, Wildeboer shows that Patent WatchTroll, a patent lawyer and thus an aggressive proponent of software patents, validates Paul Allen's status as a patent troll. Patent WatchTroll says that "it seems to me that Mr. Allen is attempting to enter the deep, dark world of patent trolls" and "[i]f I were one of the defendants I would file a motion to dismiss for failure to state a claim" (the full post can be found here). It also says: [via Wildeboer]

[C]olor me cynical about Interval Research’s decision to sue all major tech players other than Microsoft, the company that Allen co-founded with Gates.


When even a patent lawyer who is strongly for software patents calls Allen a "patent troll" (or refers to him as such), then who could possibly dispute this other than peripheral Microsoft PR bots such as Ed Bought [sic]?

Comments

Recent Techrights' Posts

SLAPP Censorship - Part 64 Out of 200: Not Amused by Repeated Threats (to "Shut Down" My "Existence" While Mentioning My Wife Too)
it's about censorship
The NHS is Under Attack by Anthropic and Microsoft (or Their Lemmings That Infect the NHS)
They are kidding themselves if they seriously believe Web-facing source code repositories are the real threat to patients
cPanel is Not Linux, cPanel is Proprietary Software
It's fair to say I've used cPanel for 23 years
Storage and Memory Prices Are Rising Not Because of High Demand (Production Can Match Demand), It's Partly Because of Price-Fixing (Same as Food Price Increases)
Sophisticated robberies are still robberies
Thousands of Layoffs at IBM, So IBM Pays Mainstream Media to Claim That IBM is Hiring (Paid Lies)
This is a story about the media failing us, not just IBM failing as a company
A Look at DataStax Bluewashing (IBM and Layoffs)
IBM is a place that many people leave or get pushed out of
 
Gemini Links 02/05/2026: Strange Psychosis and TUIs
Links for the day
Links 02/05/2026: Microsoft Has Begun Rebranding Vista 11 as 'XBox' (Because the Console is Dying), Slop Rejected by Oscars
Links for the day
IBM's CEO 10 Years Ago in IBM-Sponsored Forbes: "For those willing to embrace [blockchains], the future will indeed be bright."
How well did this prediction materialise?
RightsCon Cancellation as a Data Point in a World Gone Astray
RightsCon should not even be controversial
Links 02/05/2026: Gen Z is Turning Against Slop and OpenAI/Microsoft Rift Explained
Links for the day
Gemini Links 02/05/2026: Leaving Session, Alhena 5.5.7, and Slop Failing Customers
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Friday, May 01, 2026
IRC logs for Friday, May 01, 2026
Links 01/05/2026: Microsoft 'Headcount' Decreasing, Apple Quietly Killing Vision Pro
Links for the day
Oracle's Debt Grew by Over 50 Billion Dollars in 6 Months
Larry Ellison spent a lot of money buying a lot of the corporate media
In Praise of Debian
30 hours ago we began an upgrade
What Linus (Torvalds, the Linux Dude) Meant by "Show Me the Code"
"Show Me the Code" is a common cultural reference
Yes, GNU/Linux Can Run on Playstation 5, But Don't Buy It, Learn From Sony's Past of Rootkit and PS3 Betrayal
Millions of Playstation 3 owners will never forget what Sony did to them
XBox Will Not Last Much Longer, XBox Chief Admits Problems
Microsoft's latest "results"
Dealing With Demagogue in Free Software
Don't spread their ideology and never participate in any of their projects
What May 1 Means to Us (and to Many Others)
To me, May 1 means something
Microsoft Lunduke is 'Pulling a Garrett' by Turning Technical and Legal Debate Over Rust Into a 'Trans Debate'
Don't fall for the demagogue
Links 01/05/2026: Regulatory Trouble for Apple, Now Even Mozilla Pushes Back Against Google
Links for the day
Microsoft "Buyout" Offer is Less Than One Year's Salary
So our assumption about this was correct
The Corrupt Lecture the Non-Corrupt - Part X - European Patent Office Managers Have Crossed Red Lines, According to Themselves
The girlfriend of the President of the European Patent Office (EPO) is trying to muzzle EPO critics
Techrights is Still Growing, Attacking Techrights Does Not Weaken the Community
Bullying us for 2+ years does not result in fear, it results in us feeling more emboldened and motivated
SLAPP Censorship - Part 63 Out of 200: Graveley as a Stripped-Down Version of Garrett in the Particulars of Claim (5RB Barrister Could Do This in One Minute)
Lazily and sloppily, it looks like the barrister took Garrett's claims and tweaked them a little (shortened) for Graveley
Lots of People Leave IBM, Today IBM Has About 1,000 Workers Fewer Than Yesterday
Confluent "last day" for 800+ people
Been a Very Busy Week
Next week, as we have no upgrades to prepare for, we should be able to publish at the usual pace of 20+ pages per day
In New Letter Sent to Chair and Heads of Delegation of the Administrative Council of the European Patent Organisation the Staff Union Explains How to End European Patent Office Strikes
If Campinos continues to behave as he does right now, the Council can show him the door
Links 01/05/2026: Poems and Continuous Privacy Policy
Links for the day
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Thursday, April 30, 2026
IRC logs for Thursday, April 30, 2026
Microsoft Debt Rose Almost $50 Billion Since We Moved to Debian
GAFAM has a new name for debt
Google News Sloppy Again
Today was disappointing
European Patent Office Management Mocked for Trying to 'Bribe' Staff With a Little Food
The Office is having a crisis; a little breakfast treat won't solve it
SLAPP Censorship - Part 62 Out of 200: Garrett and Graveley Issue Astounding Copy-Paste Masterpiece Asserting Publicly-Accessible Embarrassing Facts Must Remain Hidden
Are Garrett and Graveley twins separated at birth but joined by GNOME and Microsoft?
Links 30/04/2026: Barrage of Lawsuits Against Slop, Microsoft's Stock Crashes
Links for the day
Microsoft Says Mass Layoffs Are Coming and Puts a Price on Them
Microsoft will shrink
The Corporate Media Intentionally Overlooks How Google's Debt Trebles in Just Over a Year
We'll soon see how much more money Microsoft has borrowed
(Trigger Warning) Jeremy Bicha & Debian-Edu, TecKids, Ubuntu incest scandal at DebConf25
Reprinted with permission from Daniel Pocock
Upgrade Successful
we had a downtime of only 1-2 minutes overall (for two reboots)
Links 30/04/2026: Slop Industry Cannot Keep Up With Bills, "The World Is Getting Too Hot to Feed Itself"
Links for the day
Then Come the DDoS Attacks
Is someone trying to 'kill' Techrights?
The Corrupt Lecture the Non-Corrupt - Part X - Deliberately Violate European Patent Convention (EPC), Tolerate Cocaine Use in Management, Hide That From Staff and Stakeholders
The "Alicante Mafia" (as staff calls it) is a disgrace to Europe
The Register MS Running Spam Pieces for Huawei, a Banned Company
Money does not excuse bad behaviour
Apparently Last Day for Nearly 1,000 Confluent Workers IBM Laid Off Last Month
IBM is a dying company pretending to be strong because of its age
Over at Tux Machines...
GNU/Linux news for the past day
IRC Proceedings: Wednesday, April 29, 2026
IRC logs for Wednesday, April 29, 2026
Gemini Links 30/04/2026: Outdoor Time, Old Computers, and Joining Geminispace
Links for the day